French v. Hay
Supreme Court of the United States
Appeal from the Circuit Court for the Eastern District of Virginia; the ease, though between the same parties as the preceding one (that is to say, between French and Hay), not relating to the same transactions, and being thus: In October, 1858, McCullough owning a house and lot in Alexandria, Virginia, and being indebted to Harper in the sum of $3000, evidenced by six negotiable notes of $500 each, conveyed’the premises in the month named, to Brent, in trust to secure the…
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Appeal from the Circuit Court for the Eastern District of Virginia; the ease, though between the same parties as the preceding one (that is to say, between French and Hay), not relating to the same transactions, and being thus: In October, 1858, McCullough owning a house and lot in Alexandria, Virginia, and being indebted to Harper in the sum of $3000, evidenced by six negotiable notes of $500 each, conveyed’the premises in the month named, to Brent, in trust to secure the payment of the six notes. He then leased the premises, together with certain furniture then in the house, to James…
1Opinion of the CourtJustice Swayne
The objection made in the court below touching the removal of the case from the State court, and which objection has been renewed here, was not made in the court below until the testimony was all taken, the case was ready for hearing, and nearly three years had elapsed since the trans fer was made. The objection came too late. Under the circumstances it must be held to have been conclusively waived. *
We shall consider the record as regards Stewart and Hay as if they were not joint defendants. The case as to each presents a distinct aspect, and requires a separate examination.
I. As to Stewart.
O…
2Cases cited10 opinions
- Craig v. LeslieSupreme Court of the United States · 1818
- Taylor v. LongworthSupreme Court of the United States · 1840
- Henry Miller's Heirs & Devisees v. M'IntyreSupreme Court of the United States · 1832
- Martin Pickett's Heirs v. LegerwoodSupreme Court of the United States · 1833
- Candler v. PettitNew York Court of Chancery · 1828
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3Cited by41 opinions
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- Bailey v. Texas Co.Court of Appeals for the Second Circuit · 1931
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